Detailed Answer
Under Kentucky law, you have the right to inspect and request corrections to public records, including police reports, under the Kentucky Open Records Act (KRS Chapter 61.800 et seq.). Follow these steps to request an amendment:
- Obtain a certified copy of the police report. Contact the records division of the law enforcement agency that prepared the report. Request a certified copy to ensure you have the official document.
- Identify and document the inaccuracies. Review the report line by line. Highlight incorrect details—such as dates, times, locations, or personal information—and gather any evidence (e.g., surveillance footage, witness statements) that supports the correct facts.
- Prepare a written amendment request. Address the request to the agency’s records custodian. Include:
- Your name, contact information, and relation to the incident.
- The report number, date, and preparing officer’s name.
- A clear description of each error with a reference to page and line numbers.
- Copies of any supporting documents or evidence.
- Submit the request and track delivery. Send your request via certified mail or hand-deliver it and ask for a signed receipt. Kentucky law requires a response within three business days (KRS 61.872).
- Review the agency’s response. The custodian will either:
- Accept your request and amend the report.
- Provide a written denial explaining the reasons.
- If denied or no response, pursue enforcement. You can file a civil action in Franklin Circuit Court to compel the amendment under KRS 61.882. The court may order the agency to correct the report and assess attorney fees and costs under KRS 61.884.
Helpful Hints
- Always keep copies of all correspondence and receipts.
- Be precise: refer to exact page and paragraph numbers when pointing out errors.
- Stick to the facts and remain professional in your written requests.
- If the agency has a Public Records Officer, send a courtesy copy to that individual.
- Consider consulting an attorney if the request is complex or if you face repeated denials.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Kentucky.